Looking at mental health courts: Should Alberta pursue them?

• Author: Trach, Nicole

The case of Donald Kushniruk was a tragedy, and it was a tragedy that could have been avoided with due diligence by the proper authorities. A man with no criminal record who had committed a minor crime, which ultimately led to a sentence of just seven days, spent more than two years in jail waiting for trial. Mr. Kushniruk opted to represent himself, and while the court appointed a lawyer to help him, it further compounded the problems. Neither he nor his lawyer applied for bail. His trial was afflicted with many difficulties, and delays were encountered throughout, serving only to prolong it. Sometime after he had served his seven days in custody and was released, he got into a disagreement with his probation officer and was remanded back into custody. Two weeks later he committed suicide. His story is a prominent example of why Alberta's criminal justice system needs to look into how better to handle cases involving accused persons who are mentally ill.

A myriad of reasons exist as to why Alberta should be looking into alternatives to the traditional criminal justice system when it comes to accused persons with mental illness. The facts are obvious when we assess how overburdened the criminal courts are. Court professionals, as well as mental health professionals, have commented on how the current court process and incarceration facilities are not equipped to offer support that is adequate for persons with mental health needs. There has also been the argument of an upward trend of criminalizing the mentally ill which may be in part due to de-institutionalization of mental health care. The alternative that has captured the most attention because of its explosion of popularity all over the United States and Canada are the mental health courts. There are many arguments both for and against these specialized courts that have surfaced over their considerably short lifespan since their establishment elsewhere.

Alberta is one of the few places left in Canada where there is no specialized court or diversionary process. There are currently eight provinces or territories in Canada that operate some version of mental health court or at least a diversionary program. Newfoundland, Nova Scotia, Quebec, Ontario, Manitoba, Saskatchewan, Yukon, and the Northwest Territories all have some form of court diversion for accused persons with mental health issues. New Brunswick had a mental health court from 2003 to 2013, and it is looking into reopening it. It...